Hamilton v. Singleton et al
Filing
166
ORDER granting 163 Motion for Transcript at Government Expense. Signed by Honorable Barry A. Bryant on March 3, 2016. (mll)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
TED HAMILTON
v.
PLAINTIFF
Civil No. 4:13-cv-04038
JAMES SINGLETON
DEFENDANTS
ORDER GRANTING MOTION FOR TRANSCRIPT AT GOVERNMENT EXPENSE
Plaintiff Ted Hamilton proceeded in this action pro se and in forma pauperis pursuant to
42 U.S.C. § 1983. Currently before the Court is Plaintiff’s Motion for Trial Transcript at
Government Expense (ECF No. 163). The Parties have consented to the jurisdiction of a
magistrate judge to conduct any and all proceedings in this case, including conducting all postjudgment proceedings. ECF No. 36. Pursuant to this authority, the Court finds this Motion ready
for decision and issues this Order.
1.
BACKGROUND
Plaintiff filed his Complaint on April 10, 2013. ECF No. 1. A jury trial was held on
September 29, 2015, resulting in a verdict in favor of the Defendant. A Final Judgment was entered
on September 30, 2015, dismissing Plaintiff’s Complaint with prejudice. ECF No. 137. On
October 15, 2015 Plaintiff filed a Pro Se Notice of Appeal and a Motion for Leave to Appeal in
forma pauperis (IFP). ECF Nos. 145, 146. This Court entered an Order granting Plaintiff’s IFP
status on October 20, 2015.
On December 2, 2015, Plaintiff filed the present motion requesting that he be provided a
copy of the trial transcript for use in connection with his appeal at government expense because
he has been approved to proceed with his appeal in forma pauperis and he is unable to afford the
cost of the transcript. ECF 163.
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2.
LEGAL STANDARD
The grant of leave to proceed in forma pauperis does not automatically entitle a civil
litigant to a transcript at government expense. See 28 U.S.C. § 753 (f); Jordan v. Carter, 451 Fed.
Appx. 929 (2016 Unpublished Decision) citing Rhodes v. Corps of Eng’rs, 589 F.2d 358, 359 (8th
Cir. 1978). Plaintiff must first demonstrate that his claims are non-frivolous and that the document
is necessary to decide the issues presented in the case. 28 U.S. C. § 753 (f) (movant under § 2255
entitled to have government pay for transcript where he demonstrates non-frivolous claim and
transcript is necessary to decide issue): United States v. MacCollom, 426 U.S. 317, 325-27, 96
S.Ct. 2084, 48 L.Ed. 2d 666 (1976).
3.
DISCUSSION
Plaintiff’s claim in this case survived Summary Judgment and was heard by a jury. A
transcript of the trial is necessary for Plaintiff to proceed with his appeal and is required in order
for the Court of Appeals to decide any issue raised in the appeal.
4.
CONCLUSION
For the reasons set forth above, Plaintiff’s Motion for Transcript at Government Expense
(ECF No. 163) is GRANTED. The official court reporter for the Western District of Arkansas is
DIRECTED to prepare and provide Plaintiff with a copy of the transcript from his jury trial
conducted on September 29, 2015. Further the Clerk of the Court is DIRECTED to pay for the
transcript from the Library Fund pursuant to Local Rule 83.6.
DATED this 3rd day of March 2016.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE
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